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Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement.

It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality;– to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences.

The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union.

The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.

In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism.

This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together.

The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects,positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State.

Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law – How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism.

This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together.

The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

This new edition provides a definitive, comprehensive and systematic analysis of the law governing the EU's action in the world.

Updated to take into account the Lisbon Treaty and recent case law, the book covers all constitutional aspects of the EU's international action and the procedures for treaty-making. It analyses the relationship between the EU and its Members with emphasis on mixed agreements, and the status of international law in the EU legal order. It explores the links between the EU and international organisations (such as the WTO) and examines the EU's external economic and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, sanctions, the Common Foreign and Security Policy, and the Common Security and Defence Policy.

This new edition is the most up-to-date work of its kind, examining both the law and practice in a wide range of external policies, placing the law in its political and economic context and exploring the links between the EU's external and internal actions.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement.

It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality;– to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences.

The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

This new edition provides a definitive, comprehensive and systematic analysis of the law governing the EU's action in the world.

Updated to take into account the Lisbon Treaty and recent case law, the book covers all constitutional aspects of the EU's international action and the procedures for treaty-making. It analyses the relationship between the EU and its Members with emphasis on mixed agreements, and the status of international law in the EU legal order. It explores the links between the EU and international organisations (such as the WTO) and examines the EU's external economic and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, sanctions, the Common Foreign and Security Policy, and the Common Security and Defence Policy.

This new edition is the most up-to-date work of its kind, examining both the law and practice in a wide range of external policies, placing the law in its political and economic context and exploring the links between the EU's external and internal actions.

Micro-organisms play a major role in the geochemistry of the planet, forming the basic stage in the food chain, and thus sustaining the existence of higher evolutionary life. The continuing interaction between these living organisms and the environment, combined with their exploitation by man are shaping the material world today.

Over the last few years our understanding has increased considerably due to the development of new technology and the emergence of new paradigms which have enabled the microbiologist to view the microbial world, and its significance to life, with new eyes. Combining the basics of science with the most up-to-date new material, and incorporating high quality photographs and graphics, this book is valuable as both a textbook and reference guide for students and professionals.

Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries.

The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

Like early mariners, politicians and officials trying to navigate European foreign policy find themselves in an environment of unpredictable hazards hidden institutional shoals, and legal reefs that can tear the bottom out of a policy. This insightful col

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

Fourteen years since its establishment,the work of the African Commission on Human and Peoples' Rights has not received the attention that should have been paid to its important contributions towards the promotion and protection of human rights in Africa. The aim of this publication is to provide not only the basic documents, but also the less well known material related to the jurisprudence emanating from the consideration of communications. This volume therefore includes, amongst other material, the twelve activity reports adopted by the Commission, resolutions, and final communiqués from the sessions. This is the first attempt to reproduce comprehensively the many documents of the Commission adopted since its inception in 1987. It will be an essential reference for academics, students, and practitioners. The publication is produced in collaboration with the African Society for International and Comparative Law, the Centre for Human Rights at the University of Pretoria and Interights in London.

The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.

Murphy’s Principles of International Law is designed to be either a stand-alone text or a complement to all the major casebooks on the topic. This fully updated second edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases, and scholarship. The text is divided into three sections, as follows: The first section of the book addresses the fundamental structure, actors, and history of international law The second section focuses on the interface of international law and national law The third section covers key subject matter areas: human rights, the law of the sea, international environmental law, international criminal law, and the use of force

Known for shedding light on the link between the courts, public policy, and the political environment, the new ninth edition of Robert A. Carp, Ronald Stidham, and Kenneth L. Manning's Judicial Process in America provides a comprehensive overview of the American judiciary. Considering the courts from every level, the authors thoroughly cover judges, lawyers, litigants, and the variables at play in judicial decision making. This remarkably current revision will only solidify the book's position as the standard-bearer in the field. As with previous editions, students and professors will appreciate the annotated U.S. Constitution located in the appendix.

Today it is usually not long before a problem gets expressed as a human rights issue. An appeal to human rights in the face of injustice can be a heartfelt and morally justified demand for some, while for others it remains merely an empty slogan. Taking an international perspective and focusing on highly topical issues such as torture, arbitrary detention, privacy, health and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue. Looking at the philosophical justification for rights, the historical origins of human rights and how they are formed in law, Andrew Clapham explains what our human rights actually are, what they might be, and where the human rights movement is heading. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

This 2007 third edition continues to be a comprehensive and authoritative guide to the business, practice, law, and practical use of project finance. It covers the complete project finance structure, from conception to negotiation to debt closing, and from project difficulties to successful restructuring. The book continues to be accessible to those with little experience in project finance, while maintaining the insight and detail of previous editions that has made it a valuable reference for the experienced lawyer, manager, banker, contractor, and government official. This edition focuses on a real-world, practical approach to project finance, without the overuse of case studies and economic theory. Yet the contract forms, detailed glossary, index, and project finance bibliography make it a complete text.

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

The EPA was established to enforce the environmental laws Congress enacted during the 1970s. Yet today lethal toxins still permeate our environment, causing widespread illness and even death. Toxic Loopholes investigates these laws, and the agency charged with their enforcement, to explain why they have failed to arrest the nation's rising environmental crime wave and clean up the country's land, air and water. This book illustrates how weak laws, legal loopholes and regulatory negligence harm everyday people struggling to clean up their communities. It demonstrates that our current system of environmental protection pacifies the public with a false sense of security, dampens environmental activism, and erects legal barricades and bureaucratic barriers to shield powerful polluters from the wrath of their victims. After examining the corrosive economic and political forces undermining environmental law making and enforcement, the final chapters assess the potential for real improvement and the possibility of building cooperative international agreements to confront the rising tide of ecological perils threatening the entire planet.

Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.

"This is a starry love story, a tale of seething jealousies and subterfuge, a political imbroglio, and religious cruelties. It sounds like Shakespeare and it could have very well been the plot of one of his plays." --Toronto Star

In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal. Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare. The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.

The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.

Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.

Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.

That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe.

Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.

These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Some states have violated international commitments not to develop nuclear weapons. Yet the effects of international sanctions or positive inducements on their internal politics remain highly contested. How have trade, aid, investments, diplomacy, financial measures and military threats affected different groups? How, when and why were those effects translated into compliance with non-proliferation rules? Have inducements been sufficiently biting, too harsh, too little, too late or just right for each case? How have different inducements influenced domestic cleavages? What were their unintended and unforeseen effects? Why are self-reliant autocracies more often the subject of sanctions? Leading scholars analyse the anatomy of inducements through novel conceptual perspectives, in-depth case studies, original quantitative data and newly translated documents. The volume distils ten key dilemmas of broad relevance to the study of statecraft, primarily from experiences with Iraq, Libya, Iran and North Korea, bound to spark debate among students and practitioners of international politics.

This book provides a critical introduction to the concepts, principles and rules of international law through a consideration of contemporary international events. It provides ways of considering the relevance of international law to particular disputes and also an appreciation of both the possibilities and limitations of legal method in international disputes. This in turn necessitates an examination of the relationship between international law and power. Thus rather than studying international law as a system of rules that purports to govern, or at least constrain, the international community, this book considers the actual effects of international law upon international disagreements.

Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.

Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.

At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for "the mother of all trials." Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam's many crimes should be prosecuted.

Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.

The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by over forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research and a "map" of the debates that animate the field. Each chapter features critical and up-to-date analysis of the current state of debate and discussion, assessing recent work, and advancing the understanding of all aspects of this developing area of international law. Addressing all aspects of international human rights law, the Handbook consists of over forty chapters, divided into seven parts. The first two sections explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. They also trace the historical sources of human rights through comparative and international law by conducting a case study of the anti-slavery movement. Section III focuses on the law-making process and certain categories of rights. Sections IV and V examine the normative and institutional evolution of human rights, and discuss its impact on various doctrines of general international law. The final two sections are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done. Section VI analyses several current problems that are being addressed by governments both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights. The final section then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook will be an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse. It should become the new standard reference work in this area.

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate importa

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists.

Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists.

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.

As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student's full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

'Faced with the challenge of studying EU law, students and other interested parties need guidance and accessible materials. Despite the ground clearing of the Lisbon Treaty, the terrain is still not properly mapped. Edward and Lane's completely re

Military commanders from ancient time had set down rules and regulations to discipline their troops. From the Pharaohs on, commanders directed the strategy, tactics, and camp discipline of the often unruly hosts of soldiers under their command. They had one aim: to create an efficient fighting force. Military officers, camp-followers and cooks were all expected to perform their services according to mandate and in light of the best interests of the armed force and the fighting soldiery. Modern commanders have exemplified the same passion for military discipline to produce an effective combat machine.

Military analyses derived from Roman law contained enough historical examples to fill an encyclopedia. Yet, although addressed to the problems of their day, they generally remained the private counsel of scholars and had little impact on political and military decisions. While theorists of international law were developing a body of rules to govern warfare, practitioners of conflict were largely moved by the motives of military necessity.

Under the dual auspices of military necessity and national self-interest, the code of the military commander was simple: maintain a disciplined fighting force in order to achieve military victory. To remedy this gap between theory and practice, a practical guide was needed which would briefly describe for commanders in the field the rights and obligations of belligerents as custom and theory had developed them. Then political and military policy could be expected to conform to the theoretical law of nations. This was the synthesis that the Lieber code proposed. Originally published in as Lieber's Law and the Code of War, this paperback edition bears a new title that more precisely identifies the subjects covered.

We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school. Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life.

1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.

Government Contracts 4th edition is a further maturation and refinement of a work that has now been in existence for some thirteen years. It is Australia’s definitive legal text on all levels of government contracting, which focuses on the legal issues that may arise in connection with government contracts and which have no parallel in the private sector. It explains the law in a manner that government contract managers and their private sector counterparts doing business with government, will find indispensable. Presented in plain English it is also accessible to the lay reader and lawyers and law students will also benefit from the up to date case law, relevant policy developments and legislation relating to government contracting (principally procurement). Authoritative and respected Government Contracts has been referred to in a number of cases, both in State and Federal courts in the High Court and in government policy documents. New material in this 4th edition includes: The implementation at Commonwealth and at State and Territory levels of Chapter 15 (government procurement) of the Australia-United States Free Trade Agreement. Implementation measures are discussed in Chapter 1 and the practical consequences of the new procurement regime are explored in Chapter 7 on tendering. Issues of government immunity from legislation take up a substantial portion of this new edition, at the general level in Chapter 4 and in particular application to the all-important Trade Practices and Fair Trading legislation in Chapter 6. Chapter 6 also includes a new table showing how this legislation applies to government at all levels. The current status of derivative immunity following the High Court's decision in Baxter. Discussion of the status of contracts made by regulatory bodies to settle alleged breaches of relevant legislation by the regulated entity. Whether government can promise to compensate a company for taxes it has had to pay . A discernible trend toward not allowing failure to follow legislation to result in an underlying transaction being invalid. Treatment of tendering in Chapters 7 and 8 covers new Australian case law and a succession of cases from other countries with similar legal systems to Australia, in particular Canada. As always with Seddon’s work, a careful re-consideration of every aspect of the book has been undertaken providing clarity and comprehensive sources for the reader. This new edition is current to 31 March 2009 and is an indispensable resource for lawyers, government contract managers and their private sector counterparts.

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).